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What Can I Not Include in a Prenuptial Agreement?

A prenuptial agreement with a gavel, rings, and paper cutouts of a husband and wife

Ensure Your Agreement’s Validity

Navigating the intricacies of a prenuptial agreement can be challenging. While it's common knowledge that these agreements focus on financial matters and property rights, certain items cannot - and should not - be included in these legally binding documents. In this blog, we'll explore these critical elements, particularly those relevant under Texas law, to clarify what you cannot include in a prenuptial agreement. From child custody and conservatorship-related items to child support considerations, knowing what should be kept off the table when drafting your premarital contract is essential.

Child Custody and Conservatorship Terms

In Texas, a prenuptial agreement cannot predetermine child custody, otherwise known as conservatorship, arrangements. Courts always prioritize the child's best interest when making these decisions, considering numerous factors such as the child's emotional and physical needs, parental ability, stability of the home, and plans for the child. This is done to ensure fairness and protect the child's welfare, which means such clauses in a premarital agreement would be unenforceable.

Child Support Terms

As with child custody and conservatorship terms, child support terms cannot be predetermined in a prenuptial agreement under Texas law. Child support is a legal obligation determined by the court to ensure that the child or children's financial needs are met. The court calculates child support based on the state's child support guidelines, including the parents' income, the number of children, and other relevant circumstances. Predetermining child support in a premarital agreement could potentially infringe on the child's rights to adequate support and would not hold up in court. Therefore, you cannot include such terms in your prenuptial agreement.

Provisions Related to Personal Preferences

Prenuptial agreements should strictly adhere to financial and property concerns. While occasionally seen in these contracts, the court considers personal preferences or lifestyle clauses frivolous and may not be enforceable under Texas law. These could include stipulations about personal appearances, frequency of dates, cheating penalties, or even household chores distribution. The court's primary concern is the fair and equitable division of assets and the welfare of any children involved. As such, avoiding including such personal provisions in your prenuptial agreement is advisable to ensure its validity and enforceability.

Work With Texas Prenuptial Agreement Attorneys

To ensure your prenuptial agreement will be valid before the court, it's crucial to work with a family law attorney. The team at Diggs & Sadler is ready to help you create a valid prenuptial agreement that gives you the protection you need.

Learn more or get started by calling (713) 766-5355 or visiting our website.

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